Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2014-01-09-01

The Supreme Court of South Carolina

In re: Amendment to Rule 402(i), SCACR


ORDER


Pursuant to Article V, § 4, of the South Carolina Constitution, Rule 402(i), SCACR, is amended by adding the following:  

(9) Prohibited Items at the Bar Examination.   An applicant who has an item which is prohibited by the Board of Law Examiners from being on the premises of the examination site or in the examination room during testing may be found guilty of contempt of the Supreme Court of South Carolina regardless of whether the applicant uses the item to cheat or attempt to cheat or aid or assist another applicant in cheating on the Bar Examination and may be punished accordingly.  In addition, if it is determined that an applicant had a prohibited item at the examination site or in the examination room during testing regardless of whether the applicant used the item to cheat or attempt to cheat or aid or assist another applicant in cheating on the Bar Examination, the Board may fail the applicant on a section(s) of the examination or the entire examination and the Court may prohibit the applicant from reapplying for up to two years. Further, if the applicant has already been admitted, the Court may vacate the admission or discipline the lawyer under Rule 413, SCACR.

(10) Removal of Testing Materials. An applicant who removes any testing material from the Bar Examination may be found guilty of contempt of the Supreme Court of South Carolina regardless of whether the applicant removes the testing material to cheat or attempt to cheat or aid or assist another applicant in cheating on the Bar Examination and may be punished accordingly.  In addition, if it is determined that an applicant removes testing material from the Bar Examination regardless of whether the applicant removes the testing material to cheat or attempt to cheat or aid or assist another applicant in cheating on the Bar Examination, the Board may fail the applicant on a section(s) of the examination or the entire examination and the Court may prohibit the applicant from reapplying for up to two years. Further, if the applicant has already been admitted, the Court may vacate the admission or discipline the lawyer under Rule 413, SCACR.

This amendment shall take effect immediately. 

s/Jean H. Toal                                  C.J.

s/Costa M. Pleicones                          J.

s/Donald W. Beatty                             J.

s/John W. Kittredge                             J.

s/Kaye G. Hearn                                  J.

Columbia, South Carolina
January 9, 2014